Common use of ENFORCEMENT AND COMPLIANCE MONITORING OF THE SEWAGE SLUDGE PROGRAM Clause in Contracts

ENFORCEMENT AND COMPLIANCE MONITORING OF THE SEWAGE SLUDGE PROGRAM. The enforcement procedures, compliance monitoring activities, and inspection sections, and all agreements contained therein, within this MOA shall also apply to sludge uses and disposal practices. Additionally, the following provisions have been agreed upon: 1. The TNRCC and the EPA shall coordinate formal enforcement activities involving violations of sludge requirements. Specifically, the TNRCC shall provide notification to EPA of all pending formal enforcement actions. 2. The EPA shall have the opportunity to independently initiate a formal enforcement action involving violations of sludge management rules and/or regulations using the EPA enforcement action criteria stated in Section V. of this MOA. 3. TNRCC shall inspect Class I sludge management facilities that are associated with a wastewater treatment facility that is selected for a scheduled compliance inspection using the TNRCC inspection targeting strategy outlined in Chapter 6 of the Program Description. The number of Class I sludge management facilities to be inspected will be negotiated annually as described in Section V.C. of this MOA. 4. EPA may participate in joint inspections with the TNRCC or conduct independent inspections of sewage sludge management facilities.